Red County Blog Shoots. Scores.

Contemplating a bleak future?

Thursday afternoon I took a break from work and headed to the Civic Center in Santa Ana, to check out the public protest outside the Orange County District Attorney’s office. About 40-50 people had gathered on the sweltering hot sidewalks on both sides of Civic Center Drive, frankly a larger crowd than I expected given that A) it was hotter than Hell B) it was the middle of a work day and C) did I mention it was hotter than Hell?

The crowd was well-behaved, they took care to gather all trash as they finished water bottles or fast-food lunches, and they were careful not to block the sidewalk or bother pedestrians or bicyclists. Sorry Doc Jones, no lynch mob here. Click here to read the rest of Cynthia Wards awesome article titled: Justice For Kelly: D.A. Do Your Job.

Open Letter to My Fellow Fullerton Liberals, by Steve Baxter


We all know why the right leaning Bushala blog, Friends for Fullerton’s Future and KFI radio hosts Jon & Ken are capitalizing on the murder of Kelly Thomas, and that is because, at least in part, they hate the police unions. Regardless of their motives, they are correct on this issue, and they, unlike you, are bringing attention to it. With the exception of current councilperson Sharon Quirk-Silva, who was the first to ask for resignations, and a well respected CSUF Professor, who have seen at the protest, so many of you established liberals, have an almost disinterest in the killing of a homeless man. The question is: Why? You are the royal opposition in this Republican demographic, we count on you, and yet on this one you decided to stay home.

Work demands have prevented me from hanging out with you lately, so please forgive me if I am wrong, but I’m not detecting any outrage at the actions of the police from most of you. I usually turn to you for leadership on a dozen other issues, but I don’t see that leadership here. I’m sure you are upset, but what seems to upset you the most is the fear that things will get disorderly, or that Fullerton’s image is soiled; not that one of the most vulnerable members of our community was killed by having his face beaten into hamburger by six of our police officers. I understand that you did your demo stuff in the sixties and that you still hate Nixon, but that check’s been cashed. I also understand that outrage on its own does not effect change, but sometimes an incident is so vile and so brutal, that to my mind one can’t help but get emotional about it. I’ve been to all but one of the protests in front of the police station and all of the council meetings since the killing.  I’ve looked for you and wanted to say hello. Where were you?

Long before we came creeping up your north Fullerton hills and joined you in the nicely paved part of town, my wife and I rented an apartment atop one of the downtown shops on Wilshire Boulevard. As someone who still spends a lot of time downtown, and someone who does not take a wide berth of the homeless, I was acquainted with Kelly Thomas. After the homicide, the story that was spun about Kelly by city officials was downright ridiculous to everyone that knew him. What the police did not count on in this case was that his father was a former sheriff, or that Kelly was not just another eyesore. Kelly was actually liked by many in the downtown community. I tell you this only because you do your mingling at backyard fundraisers on Skyline Drive and in this part of town people like Kelly Thomas could not walk two blocks before someone’s maid was told to call the cops.

There are some left-leaning Fullerton residents like Jesse LaTour and Jane Rand, who are present in the Justice for Kelly movement, but you consider these folks to be too fringe to support anyway don’t you? The votes from the last election show that many of you opted for Bankhead. In light of this I would now argue that most of you are not really liberals, progressives or leftists anyway; you are just pro-bedroom community.  After everything the police and city officials have done here, you are more comfortable advocating for bike paths, making sure your neighbors have period appropriate door knobs, and attempting to prevent development. I like bike paths, and I don’t want 760 homes built in Coyote Hills either, but that spying on your neighbor’s stuff in search of historical inaccuracies is a bourgeois wank. These things need to take a back seat while our city is still in the shadow of a murder and an ongoing, official stonewall. I’m an environmentalist, but if I was in Birmingham Alabama in 1963 after four little girls were blown to bits because of the color of their skin, my efforts to clean up the local swimming hole would have taken a back seat to my demands for justice. I suggest you do the same.

As a reminder this is why the actions of at least six of our police officers, and any number of city officials, is worthy of your usual scorn and attention:

  1. Our police department allowed the officers that committed this homicide to watch the video of the killing and script their report as if they were scoring a movie.
  2. It took a month and a lot of public outrage (what you call a mob) before five of the six cops were put on administrative leave.
  3. They were only put on administrative leave.
  4. After the homicide, the police proceeded to rape Kelly’s memory by pinning convenient and false charges around his crushed neck.
  5. Dick Jones is being Dick Jones.
  6. I pray this never happens, but you must know that if six homeless men were charged with beating one police officer in the same spot where Kelly Thomas cried out for his father, the tape of the “incident” would have been released to the public shortly thereafter, and the round up of all untidy pedestrians in Fullerton would have been on.

Kelly Thomas was most likely murdered for being confused. His confusion was perceived as disrespect and non compliance, and six giant dimwitted egos with clubs and badges lost control. Why does this not upset you? Why does this no longer resonate with you? Which of the following best describes the reason for your inaction?

a)       The Fox news crowd was correct about you. Too many of you liberals are, in fact, elitist. If you are asked to compost your refuse, or to donate to the library, you are on board. If, however, you are asked to stand in the sun and risk offending powerful and armed individuals that police our community, it’s best that we remain calm and wait for the authorities to get to the bottom of it.

b)       You are white and mostly affluent. The police have always called you sir and madam, and you would prefer that we sacrifice a few dingy homeless to the nightstick than have Fullerton perceived as a safe haven for the homeless.

c)       You are cowards. It’s one thing to try to regulate the actions of some jerky developers with hideous Miami Mansion dreams bouncing around in their greedy heads, but it’s another to stand in front of armed police officers and demand that they do the right thing.

d)       You falsely believe that something as horrible as this could never happen to your son or daughter

e)       And finally – no issue, apparently even police corruption and the murder of an unarmed skinny homeless man, would dare allow you, my fellow privileged Fullerton liberals, to ever be on the same side of an issue as an opportunist like Tony Bushala.

My hope is that after checking off one or more of the above, that you do a little reflecting and then come join the rest of us, of all political stripes, in front of the Police Station and in council chambers for Kelly Thomas.  You may find that demanding justice for those who normally do not have a voice is just like riding a bike.

Respectfully,

Steve Baxter
Fullerton, CA

In the past I have had very little love for FFFF,  as I feel that this blog is equal parts, reward/vendetta, as it is political advocacy.  This time, however, we are on the same side, and I greatly appreciate the continue attention that FFFF is bringing to Kelly’s Thomas’s brutal beating and murder. I am happy to stand side by side with anyone who wants those responsible for Kelly’s murder as well as the subsequent obstruction by city officials, to be held accountable. For me at least this rises above politics. In this instance I would like to say KEEP UP THE GOOD WORK.

The Fullerton 6: A Death Penalty Case

Here is a guest blog from Mark Cabaniss, an attorney who has worked as both a prosecutor and as a public defender. Mark has written several interesting pieces on the Kelly Thomas case over at GreaterLongBeach.com.

Reportedly, the Orange County DA is waiting for the coroner’s report before deciding whether to file charges against the six Fullerton police in the beating death of Kelly Thomas.  As the medical evidence comes in, it looks increasingly likely that charges will be filed.  But will the charges, if they are brought, be minimal, or will they be serious?  Will they be the most serious charges warranted by the evidence?  We don’t know.  What we do know is that Kelly Thomas died after six Fullerton police severely beat him.  The DA is still waiting for the official cause of death to be determined, but for the sake of this article, I am going to assume that the death came about as a result of the beating.  Now let us make two further assumptions:  First, that the police were committing a crime during the beating leading to the death, and second, that the death was unintentional, i.e., an unplanned consequence of the beating.  If that is what happened, that the police illegally beat Kelly Thomas and he subsequently died as a result of that beating, then there are two ways to charge the case under California law, depending on whether the police were committing a misdemeanor, such as simple battery, or a felony, such as kidnapping or torture.  If the underlying crime was a misdemeanor, then the case would properly be charged as involuntary manslaughter.  But if the underlying crime was a felony, then the case would properly be charged as felony murder.

The difference is simple.  Suppose you get in a bar fight and get your arms around a guy, trying to throw him down.  He stumbles out of your grasp, but, unfortunately for you, (and him,) he trips and falls, smacking his head on something hard, killing him.  This would be a textbook case of involuntary manslaughter, because the death was an unintended consequence of your misdemeanor, i.e., simple battery.  Now consider the same hypothetical, only this time you grab the guy not in a bar fight, but in a kidnapping.  Again, he trips, falls, and dies.  Now this is a case of felony murder, since the death resulted from your felony, i.e., kidnapping.

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Protest at the DA’s Office Tomorrow, Thursday Sept. 8

Ron Thomas just announced there will be a peaceful protest outside Tony Rackauckas’ office tomorrow from 11:00-2:00. For those of you who haven’t been following along, Rackauckas is the Orange County District Attorney who is dragging his feet while trying to decide if he should bring charges against the six Fullerton cops who beat Kelly Thomas to death.

When: 11:00AM – 2:00PM

Where: 401 W. Civic Center Dr. Santa Ana

Be there!

Be here.

Kelly Thomas Medical Records To Be Released

 

 

 

 

 

 

 

 

We have learned from Ron Thomas, father of Kelly Thomas, that the medical records of his son who was beaten to death by six Fullerton cops, will be released tomorrow. Thomas’ lawyer, Garo Mardirossian, will present the medical facts of the case plus additional forensic analysis to the media at his offices in Los Angeles at 11:00 AM.

FFFF will be there to record the entire event.

FFFF Exclusive. The Crime Scene Photos that the FPD Forgot to Confiscate

When that cop intimidated Bunny and took her roll of film shortly after the brutal beating of Kelly Thomas, he didn’t realize that Bunny had already used up another roll of film taking pictures of the crime scene. She thought that roll was useless. She was mistaken.

That roll of film escaped the clutches of the Fullerton police and these photos were developed over the weekend:

The pictures are chilling, knowing what we know now about how Kelly died. Yes, we can see light reflected in the pool of blood near the cops feet – right next to the front right wheel of the patrol car. The light pole to the right of the picture is where Kelly’s Memorial has been set up.

The one thing that strikes me most is the way the FPD are not treating this like a crime scene.

Click on the pictures to enlarge.

Homicide Scene Photographer Claims Intimidation By Police; Film Destroyed

Here is our interview with a woman named Bunny, who was taking photographs of the scene where Kelly Thomas was killed on the night of July 5th.

Bunny says a Fullerton police officer intimidated her into handing over film from her 35mm camera, thereby exposing and destroying the film in the process. While she admits to turning over the film voluntarily, I note that the policeman in question took possession it – for reasons that remain unexplained, and at which point the cop’s belligerent attitude ceased.

She also notes that the District Attorney is aware of this incident and also of the destruction of the film.

 

We Get Mail: Is It Just Me?

Friends for Fullerton’s Future,

I am struck by the comparative silence of the knee-jerk pro-police crowd about the irony that none of the six Fullerton cops who were present on the hot night of July 5th (when Kelly Thomas mysteriously slipped into a coma), are willing to talk to the DA to help further the cause of the impartial “investigation” being conducted by the Useless Rackauckas.

It seems hilarious to me that before “rushing to judgment” we are admonished to wait for the mature fruits of this so-called investigation which apparently will be lacking information from all seven of the people most immediately present at the incident. Since number seven won’t be talking anymore at all, this seems to suggest that the investigation will never be competently completed.

So how ’bout it FPD? Let’s get these boys a talkin’ so our hard-working DA can wrap up a thorough investigation and we move ahead.

Besides. If they have done nothing wrong, as many of their defenders claim, they have nothing to fear from our fair and impartial legal system.

F. W. Farnsworth

 

Too Fun! I Am Not A Terrorist!

No I do not semble that remark...

Had a fun e-mail sent in today from some guy named “ray.” Writes ray:

Subject: Boshala

You act like a member of Hamas trying to control the Gaza Strip. You want to control Fullerton for the benefit of your company

I realize a lot of folks check under their beds at night for Arab terrorists, but c’mon, ray. Really?